SHARE SALESMAN'S CLAIM

Otago Daily Times, Issue 22205, 7 March 1934, Page 6

SHARE SALESMAN'S CLAIM

ALLEGED WRONGFUL DISMISSAL JUDGMENT FOR DEFENDANT (Peb United PbessAssocuxiok.) WELLINGTON, March 6. Judgment was given by Mr E. Page, S.M., to-day in the case of Cyril Sydney Brice, merchant, against V. B. M'lnnes, and Co., Ltd., sharebrokere'. Brice claimed £3OO for alleged wrongful dismissal. The decision was against him, and £24 paid into court by the defendants was. returned to them. At the hearing the evidence showed that Brice undertook, to sell debentures put on the market by the Investment Executive Trust of-New Zealand, for whom defendants were the sole brokers, but learning that the auditor had resigned and later one of the directors he sought explanations, but the replies did not satisfy him and* he gave notice that he could not sell the debentures until his questions were satisfactorily answered. The negotiations ended when he received notice that his services were terminated.

Mr Page said that in his view the case was disposed of on. the facts. The plaintiff was told that he was engaged on a weekly basis, and he (Mr Page) thought that the proper interpretation of this was that he was liable to be dismissed on a week's notice. He (Mr Page) entertained no doubt that the plaintiff was actuated by the highest motives in refusing to sell the debentures, but as a matter of law Mr Page thought that the plaintiff was .not entitled to refuse to go on with the sale of the debentures. He had been -engaged to sell, and.when his cervices for that reason were dispensed with he could not succeed in an action for damages for wrongful dismissal. If a, servant did not approve of. the wares"'his master vended it was open to him to leave his employ. He could not, Mr Page thought, refuse to go on with the work and- at the same time recover; damages for dismissal consequent on such refusal. Plaintiff's refusal amounted, in Mr Page's opinion, to repudiation of > the contract of his services and justified defendants in putting an end to it. ■•.